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Khazanah Hukum
Published by Universitas Islam Negeri Sunan Gunung Djati Bandung
ISSN : -     EISSN : 27159698     DOI : https://doi.org/10.15575
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Khazanah Hukum is an international journal published three times a year by the Universitas Islam Negeri Sunan Gunung Djati. This journal discusses aspects of law in the Indonesian context and the context of globalization. The languages used in this journal are Indonesian and English. Khazanah Hukum facilitates the publication of manuscripts and scientific articles related to Legal Sciences through a rigorous review process. We welcome and invite all scientific communities, lecturers, researchers, practitioners, and students to publish scientific articles here. This journal is an open-access journal. Khazanah Hukum was indexed by Scopus. Main Topics Consumer Protection Law Laws for Social Workers Marriage Law Customary Law Child Protection Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 127 Documents
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Ensuring Legal Safeguards for Digitalized Social Services within the Framework of Government Decentralization Ihor Panov; Kristina Petrosyan; Liudmyla Dobroboh; Valentyna Chernobuk; Yuliia Rashed
Khazanah Hukum Vol. 5 No. 3 (2023): Khazanah Hukum Vol 5, No 3 December (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i3.30834

Abstract

The purpose of the study is to digitize the social services system in the context of decentralization of power: legal regulation and areas of improvement. Main content. It has been established that new online services are being introduced in Ukraine to enable consumers to receive such services virtually. In our opinion, in the future, these services should simplify the procedure for access to them, taking into account the entities which are primarily interested in using them, and expand the scope of their provision: from informing the consumer to obtaining the result. The society and science development requires the introduction of new technologies into the service system. It has been concluded that the need to use information technologies in judicial proceedings is due to the global informational support of modern society, and development of new interaction forms in the social area using electronic means of communication: the global Internet, mobile and satellite communication systems. The author reveals the essence of "Portal Diia", which is introduced within the framework of the Unified Social Information System of a single electronic document in the social matters, and highlighted the disadvantage of this application: ensuring the protection of personal data, and access to information about the citizen sphere of interests accumulated in computer networks.
A Comprehensive Comparative Analysis of Mediation Practices in Indonesia and Malaysia Muhammad Amrullah Drs Nasrul; Nurin Athirah Mohd Alam Shah; Wan Noraini Mohd Salim; Devi Seviyana
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.31239

Abstract

Mediation is one of the Alternative Dispute Resolution (ADR) that emphasises a mutually agreeable resolution and incorporates a win-win situation between parties. Mediation is not a rare concept in Indonesia and Malaysia. People in Indonesia and Malaysia have long used mediation in their daily lives as mediation has been proven to be effective since long ago. Due to its extensive use in Indonesia and Malaysia, a comprehensive study was carried out by the researcher to identify the comparison of mediation in Indonesia and Malaysia. In this paper, the researcher will review the practice of mediation in Indonesia and Malaysia via a comparison analysis where the researcher employs a qualitative approach via library-based research. Many reference sources and reading materials have been used by researchers to see similarities and differences between these two countries. The result of this study affirms that mediation practices in Indonesia and Malaysia are quite similar, despite being governed under a different law and regulations. In addition to having many similarities, one of the things that attracted the researcher's attention is that both countries have their challenges in carrying out mediation. Therefore, this aspect of the challenge also needs to be touched upon so that mediation can be conducted in both countries smoothly. It is also hoped that with this study, in the future, this study can also be used as a guide or manual in discussing mediation for both countries.
Peculiarities of Investigating Criminal Offenses Related to Illegal Turnover of Narcotic Drugs, Psychotropic Substances, Their Analogues or Precursors: Criminal Law Aspect Maksym Korniienko; Anatolii Desyatnik; Galina Didkivska; Yevhen Leheza; Oleksiy Titarenkо
Khazanah Hukum Vol. 5 No. 3 (2023): Khazanah Hukum Vol 5, No 3 December (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i3.31742

Abstract

The article highlights the legal regulation of peculiarities concerning investigation of criminal offenses related to the illegal turnover of narcotic drugs, psychotropic substances, their analogues or precursors.. Main content. It has been established that effectiveness of pre-trial investigation in criminal proceedings on the facts of illegal sale of substances excluded from free circulation using the Internet and other telecommunication technologies is complicated by the need to identify the user under a nickname. Methodology:  The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. It has been established that  in today’s conditions, against the background of the global IT development of society and the active introduction of the latest technologies in all spheres of human life, the forms of sale of narcotic drugs, psychotropic substances, their analogues or precursors are also changing. While using the assets of modern technologies criminals constantly improve their criminal activities, change directions of interaction with the aim of committing offenses. In Ukraine, as well as in the world in general, drug crimes are actively carried out through smartphones via the “Internet” network using messengers and special applications for the distribution of psychoactive substances, narcotic drugs and their analogues.
Human Rights and Features of their Protection in Conditions of War: International Legal Standards, Administrative, Constitutional and Criminal Aspects Yuliia Zaporozhchenko; Yuliia Leheza; Yuliia Volkova; Olena Pushkina; Marat Koval
Khazanah Hukum Vol. 5 No. 3 (2023): Khazanah Hukum Vol 5, No 3 December (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i3.33290

Abstract

The article is devoted to analysis of constitutional human rights and freedoms under martial law. The main focus is made on the analysis of human rights that may be restricted during martial law. Human rights are divided into absolute ones and relative ones. Absolute rights are determined as rights that cannot be limited under any circumstances. The legal definition of martial law is analyzed. It was found that martial law is the main legal basis for limiting the constitutional rights and freedoms of the person and of the citizen. Grounds for introducing martial law include threats to national security and territorial integrity. Attention is focused on the mechanisms and guarantees aimed at protection of human rights in conditions of martial law. Any restrictions on human rights must be justified, proportionate and necessary to achieve the legitimate goals of security and defense of the state. Affirmation and provision of human rights and freedoms is the main duty of the state. Therefore, during the legal regime of martial law the state cannot cancel its obligation to guarantee human rights. The list of rights which are not subject to restriction even during martial law, are human and citizen’s rights guaranteed by the Constitution. Respect for human rights is a guarantee of state power both at the national and international levels.
Experience of Some Countries of The Commonwealth of Nations in Ensuring Criminological Protection of Justice Yuliia Khrystova; Oleksiy Titarenkо; Oleksandr Cherviakov; Oleksandr Marushchak; Serhіi Shkolа
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.33619

Abstract

The article describes the experience of Great Britain, Canada, Australia, and New Zealand in the field of criminological protection of justice. A combination of philosophical, general scientific and specific scientific research methods was used in the preparation of this article to find out which special actors are authorized to carry out such criminological activities, to analyze the powers and guarantees for their exercise to fulfill their tasks. The article reveals the peculiarities of interaction of special actors of ensuring the security of justice with other actors in the system of combating offenses and crimes against justice. The author emphasizes the role of the sheriff, police, and private security companies in ensuring security during the judicial process. The experience of these Commonwealth countries in identifying and counteracting possible threats to the security of justice is analyzed. The purpose of this work was to single out positive foreign experience that may be promising for implementation into the national legislation with the aim of improving activities of the Court Security Service, which is a special subject performing implementation of the function of criminological protection of justice in Ukraine. In particular, firstly, to find out which special entities are authorized to carry out the specified criminological function in certain countries of the British Commonwealth and what powers they have; secondly, what other law enforcement agencies are involved in the mechanism of ensuring criminological protection of justice and what are the features of their interaction with special subjects; thirdly, what measures they take to detect and counter possible threats to the security of justice.
Constitutional, Administrative and Criminal Law Regulation of Protecting Rights of Internally Displaced Persons: Foreign Experience and Directions for Improvement Olha Balynska; Maksym Korniienko; Oleh Martseliak; Vira Halunko; Ihor Mahnovskyi
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.33775

Abstract

The purpose of the article consists in revealing the constitutional, administrative and criminal law foundations of protecting rights of internally displaced persons, problems of implementing foreign experience and identification of directions for improvement. It is substantiated that the system of individual protection standards is a kind of international mechanism for ensuring first of all the status of rights and freedoms of internally displaced persons, the corresponding guarantees regulated by the norms of universal, regional and special treaties, implemented by authorized subjects of public administration in various spheres of society. Attention is focused on compliance with the Guidelines of 1998, which are the basis of the legal acts of the European Union, the Council of Europe and other democratic countries. However, the existing standards of individual protection are not uniform, and there is no corresponding institutional mechanism. Universal, supranational, regional, mandatory, recommendatory, permanent and temporary standards are singled out. The authors conclude that the Ukrainian authorities are entrusted with important tasks, functions and powers to guarantee the rights and freedoms of internally displaced persons, as well as tasks concerning implementation and protection of such rights and freedoms, restoration of violated rights and implementation of existing international standards and best foreign practices. Therefore, it is natural to improve Ukrainian legislation and ensure effective and accessible procedures. Proposed are ways to solve existing problems in the sphere of social protection, electoral law, housing and land rights, and provision of legal aid.
The Concerns of Nation-State Sovereignty and International Commercial Law: A Path to Harmonisation Tran Vang-Phu; Duong Anh Son
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.33809

Abstract

The current body of literature on international business and commercial laws demonstrates the inherent conflict between the legal system and the sovereignty of nation-states. The phenomenon of globalization has amplified the influence of non-state actors, regional organizations, and free trade agreements, resulting in a significant demand for international arbitration. The incorporation of international commercial laws into the current standard is increasingly prevalent, as nation-states discover the benefits of adhering to such laws. Conversely, the concept of national sovereignty, which exerted significant influence in recent years, appears to be facing substantial challenges due to the emerging trends in an increasingly interconnected globalized world. Nevertheless, the nation-state and its sovereignty maintain a significant impact on the dynamics of power and trade between different nation-states. This study undertakes an examination of the substantial discord between principles of international commercial law and the sovereignty attributed to nation-states, with specific attention directed towards the prospects of achieving harmonization. Moreover, it delves into the intricacies and challenges inherent in the pursuit of harmonization within this specific domain.
Ensuring National Security under Martial Law Conditions: Legal Regulation, Threats, Cooperation and Directions for Improvement Andrii Nosach; Sergii Melnyk; Anatolii Rusetskyi; Yuliia Pinchuk; Volodymyr Piadyshev
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.33936

Abstract

The purpose of the article is to reveal the legal regulation of ensuring national security in the conditions of martial law (threats, cooperation and directions for improvement).  It has been established that ensuring national security of Ukraine includes a complex of national and international measures. It has been emphasized that financing is one of the important problems in the system of ensuring national security. The financial security of a state as a component of its national security is the basis of the economic development of the country, which ensures sovereignty and integrity of the country, as well as a decent standard of living of its citizens. The financial security of a state as a component of its national security is the basis of the economic development of the country, which ensures sovereignty and integrity of the country, as well as a decent standard of living of its citizens. Another problem of ensuring national security in wartime conditions consists in preventing and combating corruption.  Corruption destroys development of the military-industrial complex, prevents introduction of innovative means of protection for military personnel, it disturbs development and testing of new weapons, new technologies, and hampers provision of military personnel with the necessary equipment, protection and weapons. It was concluded that only cooperation can solve the urgent strategic tasks of ensuring national security in difficult world conditions and new globalization challenges. 
Fulfilling the Rights of Social Workers: Aspects of Social Security in Indonesia Utang Rosidin; Ardika Nurfurkon; Dedy Pribadi Uang
Khazanah Hukum Vol. 6 No. 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.33937

Abstract

The purpose of this article is to describe the fulfillment of social work rights, analyzing the extent to which the government provides social security for social workers. This study uses a qualitative method with a normative juridical approach. The analysis in this study contributes to the fulfillment of social workers' rights in terms of social security and provides recommendations regarding social security regulations as a fulfillment of social workers' rights. The results show that three aspects must be considered in the rights of social workers to social security in Indonesia, namely (1) Fulfillment of Social Workers' Rights, (2) Anticipation of regulations against the risks of social workers, and (3) Social security for social workers in Indonesia. From these three aspects, there are several efforts made by the government in regulation that has issued Law Number 14 of 2019 concerning Social Workers, but the law only regulates the Rights and Obligations of Social Workers in Indonesia. The findings may also impact the lives of social workers, including improved financial well-being, job security, and professional satisfaction. Previous studies have not discussed the aspect of social security as a fulfillment of social workers' rights, so this research contributes to this void by paying attention to the analysis of the fulfillment of social workers' rights in terms of social security aspects.
Implementation of Indonesian Government Regulations Concerning the Job Loss Guarantee Program in the Province of the Special Capital Region of Jakarta Rr Ani Wijayati; Haposan Sahala Raja Sinaga
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.34235

Abstract

The Indonesian government expanded social security for the community, especially those who experienced layoffs or lost their jobs by issuing a Government Regulation to expand social security as amended and adding several provisions to articles in Law Number 40 of 2004 concerning the National Social Security System after the enactment of the Law. Law Number 11 of 2020 concerning Job Creation. The background to the policy is because during the COVID-19 pandemic many companies laid off employment. In Jakarta, the number of people who have lost their jobs has increased. The Central Statistics Agency of Indonesia report released that the number of unemployed people in the Special Capital Region of Jakarta in February 2022 was 410.59 thousand people. This research aims to legally analyze the decisions or beschikking issued by the Jakarta provincial government in implementing the job loss guarantee (JKP) program and analyze the implementation of the job loss guarantee program in the Jakarta. The research method used is a juridical-empirical research method using statutory and case approaches. The results of this research: 1) Decree (beschikking) of the DKI Jakarta Provincial Government in implementing the job loss guarantee program by issuing: Regional Regulation Number 27 of 2012 concerning the Implementation of Employment and Governor's Regulation of the Special Capital Region of Jakarta Province Number 15 of 2023 concerning Amendments to Governor's Regulation Number 55 of 2016 concerning the Implementation of Social Security for Workers through the Employment Social Security Administering Agency. 2) Implementation of PP 37/2021 in the DKI Jakarta Province area, based on employment conditions in February 2023, the working population in Jakarta area was recorded at 4.86 million people and a survey of 135 random respondents related to the dissemination of information about JKP concluded that the implementation JKP, especially in terms of socialization, is still lacking, because as many as 77% admitted that they had never been socialized about the JKP program which has implications for respondents' knowledge of the benefits of the JKP program itself, not many respondents fully know that the benefits of the JKP program are in the form of cash benefits. , benefits of access to job information, and benefits of job training. Of the respondents who knew about the benefits of the JKP program, generally they only knew about the cash benefits, while other respondents admitted that they did not know at all about the benefits of the JKP program. This number of respondents is not small, namely 53 respondents or around 55.8%. The benefits of the JKP program that were known to respondents were benefits in the form of cash as much as 32.7%, benefits from access to job market information as much as 14.7% and benefits from job training as much as 17% and the remaining 55.8% of respondents did not know what the benefits of the JKP program were.

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